Monday, December 6, 2010

U.S. Supreme Court To Review Propriety of Rule 23(b)(2) Certification of Claims Involving Monetary Relief in Dukes. v. Wal-Mart

On December 6, 2010, the U.S. Supreme Court granted Wal-Mart’s petition for a writ of certiorari in Dukes. v. Wal-Mart.   The petition challenges the Ninth Circuit's ruling earlier this year upholding grant of certification of the largest gender discrimination class action in U.S. history. As stated on the Supreme Court's website (here), the issue presented is limited to the following:
Petition GRANTED limited to Question I presented by the petition. In addition to Question I, the parties are directed to brief and argue the following question: "Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a)."
Question I, as stated in the Petition (here), is as follows:
I. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2)—which by its terms is limited to injunctive or corresponding declaratory relief—and, if so, under what circumstances.
A detailed discussion of the Ninth's Circuit's class certification analysis was dicussed previously here (Rule 23(a) analysis), and here (Rule 23 (b)(2)).

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